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Hagwon's "10 vacation days" really only 2?
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AtmaWeapon



Joined: 30 Jun 2011

PostPosted: Mon Jun 25, 2012 8:52 am    Post subject: Hagwon's "10 vacation days" really only 2? Reply with quote

A couple months ago I was given 2 days off to go to Tokyo, for which I will be leaving in a couple days. Today I brought up taking off a day or two in July and my supervisor informed me that I was not allowed any more days off of my choice under any circumstances.

Essentially, she said the "10 days vacation" on the contract is really only 2 days of your choice, with an additional 3-6 days (non-holiday) when the hagwon is closed. The remaining days you aren't allowed to take at all and are forced to just take the "bonus" unused vacation days at the reduced pay of ~75k for each day at the end of the contract.

Here's what the contract says:

Quote:
9. VACATION

1) The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. (Days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period, only used during summer and winter vacation)

2) The Employee may use 10 working days as paid vacation per year. 3 days of Institute-scheduled Vacation ( in Summer) are counted in these 10 days. They will be used to extend the official break period of the Institute during Korean holidays. No vacation days other than those scheduled by the Institute may be taken during the first 3 months of employment. The remaining 7 vacation days must be scheduled with the Institution. Leave schedule must be negotiated with the director in advance.


My supervisor claimed the part that says
Quote:
which will be organized by the institute
means that you aren't allowed to take off any days other than what the hagwon decides, which is total BS. I think any reasonable person would conclude that means the employee must get approval from the hagwon before taking vacation days, which is obvious, especially since that's exactly what it says a few lines below. Nothing at all about saying employees are limited to only taking 2 days of their choice, I wonder why?

I have been working at this job for 4 months, so the part about not taking time off during the first 3 months is irrelevant. I will be calling the labor board about this tomorrow, just wanted to get some feedback about this.
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Wildbore



Joined: 17 Jun 2009

PostPosted: Mon Jun 25, 2012 9:18 am    Post subject: Reply with quote

As long as they give you 10 days paid vacation they are not breaking the contract.

If they give you less, then I would suggest suing in small claims for compensation for the remaining days.
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amnsg2



Joined: 15 Aug 2010
Location: Gumi

PostPosted: Mon Jun 25, 2012 9:22 am    Post subject: Reply with quote

I'm not sure calling the labor board immediately is the best idea, and it might be easier to try and smooth things over with your boss first. The contract says that the dates must be arranged in advance with your boss, not that the academy gets to choose whether you take them or not. Tell your boss that they can choose what days you take off, but you are taking them. Sit down with a calender and have them blocked off.

If you don't care about getting fired or other hagwon tricks played on you, then go for the rest of the 10 days and nothing less. If you want to keep from rocking the boat, maybe accept 1 or 2 days less. It's like a game, you have to negotiate your best deal.

Don't do what I did, and just accept it. I only got 2 out of 10 days at my last contract and it was awful. I learnt, and in my new contract I had the specific days listed.
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Wildbore



Joined: 17 Jun 2009

PostPosted: Mon Jun 25, 2012 9:27 am    Post subject: Reply with quote

The Annual Leave provisions in the Labor Standards Act only apply to businesses with 10 or more full time employees.

Very few Hagwons are that large, he likely won't receive any help from the Labor Board regarding vacation time.

In my opinion, the contract is the negotiation, it is the meeting of the minds, there is no reason to negotiate more. Koreans are just incompetent when it comes to legal obligations. One more reason to sue them.
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AtmaWeapon



Joined: 30 Jun 2011

PostPosted: Mon Jun 25, 2012 10:05 am    Post subject: Reply with quote

amnsg2 wrote:
I'm not sure calling the labor board immediately is the best idea, and it might be easier to try and smooth things over with your boss first. The contract says that the dates must be arranged in advance with your boss, not that the academy gets to choose whether you take them or not. Tell your boss that they can choose what days you take off, but you are taking them. Sit down with a calender and have them blocked off.

If you don't care about getting fired or other hagwon tricks played on you, then go for the rest of the 10 days and nothing less. If you want to keep from rocking the boat, maybe accept 1 or 2 days less. It's like a game, you have to negotiate your best deal.

Don't do what I did, and just accept it. I only got 2 out of 10 days at my last contract and it was awful. I learnt, and in my new contract I had the specific days listed.


The problem is all of the previous employees have done just that, accept it. She gives examples of former employees only taking 2 days or no days off and tries to make me feel like I am being greedy asking for more days. I will print out the contract tomorrow and point out exactly what it says to her but I already know it's a lost cause, which is why I'm prepared to call the labor board.

Wildbore wrote:
The Annual Leave provisions in the Labor Standards Act only apply to businesses with 10 or more full time employees.

Very few Hagwons are that large, he likely won't receive any help from the Labor Board regarding vacation time.

In my opinion, the contract is the negotiation, it is the meeting of the minds, there is no reason to negotiate more. Koreans are just incompetent when it comes to legal obligations. One more reason to sue them.


The hagwon has 11 employees, so it might be worth a shot although I doubt anything will come of it. This job has given me nothing but grief the whole time I've worked here and I decided a long time ago I'm only staying 6-7 months (they don't know), so I really don't care about pissing them off any further. Unless Korea's legal system is completely different than the US', I don't see how it would be worth it to sue them over a few vacation days.
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Mon Jun 25, 2012 12:07 pm    Post subject: Reply with quote

I'm very curious what the LB will say because personally, I think you're just pretty much stuck.

it's very common for teachers to be expected to take their holiday when the school closes - it's just that many hakwon directors are absolutely oblivious to the notion that in other countries people take holidays of their own choosing from time to time, not always when the company says so.

part of the problem (not saying it's justified, just why it's this way) is because the hakwons charge parents by the number of hours taught to their kids and bill on a weekly or monthly basis. no teacher, no lesson. this is also why some teachers are asked to pay for sub teachers when they aren't there for whatever reason and is tantamount to why so little sick and holiday pay are even provided for at all.

obviously your hakwon has had problems with this in the past - hence they added in the contract the language they did and also why your director was quick to point out the other teachers had accepted this. they want you there all the time and to hell with your life, needs, etc.; they don't exist or matter.

you say you aren't going to stay the full contract anyway so you may not care what transpires until then but again, you surely would prefer to do it on your terms, and not deliberately make things that much worse, now would you? or even risk being fired and upsetting your plans altogether?

chalk it up to experience and next time detail out exactly what you want and expect in vacation time. I think this is probably the number 1 reason many teachers go for public and private schools as opposed to hakwons.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jun 25, 2012 3:43 pm    Post subject: Reply with quote

The labor board won't do anything at this point since you have not been there long enough to actually qualify for vacation days and until your year is complete they won't be in violation of labor law.

If you work the 1st year without an absence you are entitled to 15 calendar days leave with pay.

If you have had any absences you get 1 day of annual vacation for each month worked.

.
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big_fella1



Joined: 08 Dec 2005

PostPosted: Mon Jun 25, 2012 4:33 pm    Post subject: Reply with quote

Wildbore wrote:
The Annual Leave provisions in the Labor Standards Act only apply to businesses with 10 or more full time employees.


Do you have a reference for this as I find no mention of it in the Labor Standards Act. Article 57 does provide for one days leave per month with pay.

Article 59 refers to what Ttommplatz said about not being entitled to vacation until you have completed the first year, but you can still take your 1 days leave per month, or accumulate it during the year.

Depending on how close you arre to the end of your contract you may have to let it slide, but then at the end of your contract seek compensation.

I have found that dodgy employers are more scared of you visiting the tax office than they are of you visiting the labor board especially if they have been taking 3.3% tax or higher. A promise to go to the tax office if they don't pay you could be effective.

Good luck
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AtmaWeapon



Joined: 30 Jun 2011

PostPosted: Tue Jun 26, 2012 9:06 am    Post subject: Reply with quote

Spoke again with my supervisor today (haven't yet called the labor board). After pointing out the exact language in the contract she backed down and basically told me it is possible to take additional vacation days, but the director would not approve of it unless it was for a "good reason," such as family visiting. I do not have family visiting or anything of that nature, so essentially I would have to lie in order to take vacation days. I requested a day off in July and she told me she would talk to the director but the request would probably be denied because apparently going to Caribbean Bay or Everland with my gf is not a good enough reason.

Counting down the days until I leave this country for good and never again have to deal with this BS...
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Tue Jun 26, 2012 9:44 am    Post subject: Reply with quote

I thought that in the Labor Act, that employees were entitled to 1 day off a month (the equivalent to 12 days a year), not the usual 10 days a year.

When I worked with one large organisation, I was allowed 1 day off a month (I could stack them and use 5 days off). After a year, I was entitled to 15 days off a year plus the one day off a month.

I guess it depends where you work. If you decide to work at a reputable organisation and they have the manpower to cover classes, it shouldn't be a problem. If you work for a small family business, then you have to display some flexibility.
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AtmaWeapon



Joined: 30 Jun 2011

PostPosted: Tue Jun 26, 2012 7:13 pm    Post subject: Reply with quote

Whistleblower wrote:
I thought that in the Labor Act, that employees were entitled to 1 day off a month (the equivalent to 12 days a year), not the usual 10 days a year.

When I worked with one large organisation, I was allowed 1 day off a month (I could stack them and use 5 days off). After a year, I was entitled to 15 days off a year plus the one day off a month.

I guess it depends where you work. If you decide to work at a reputable organisation and they have the manpower to cover classes, it shouldn't be a problem. If you work for a small family business, then you have to display some flexibility.


If that's true then the vast majority of hagwons who only give 10 days are in violation of the law. Not that they care...
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Tue Jun 26, 2012 7:54 pm    Post subject: Reply with quote

some only want to give 5

there was a time when a teacher needed to actually specify having vacation days together as weekdays - that is, a hakwon would try and say you take Wed- Tues rather than M-F and the accompanying weekend.

my first hakwon tried to do that - luckily the outgoing teacher warned me and we worked it out ahead of time.
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Wildbore



Joined: 17 Jun 2009

PostPosted: Wed Jun 27, 2012 6:17 am    Post subject: Reply with quote

big_fella1 wrote:
Wildbore wrote:
The Annual Leave provisions in the Labor Standards Act only apply to businesses with 10 or more full time employees.


Do you have a reference for this as I find no mention of it in the Labor Standards Act. Article 57 does provide for one days leave per month with pay.

Article 59 refers to what Ttommplatz said about not being entitled to vacation until you have completed the first year, but you can still take your 1 days leave per month, or accumulate it during the year.

Depending on how close you arre to the end of your contract you may have to let it slide, but then at the end of your contract seek compensation.

I have found that dodgy employers are more scared of you visiting the tax office than they are of you visiting the labor board especially if they have been taking 3.3% tax or higher. A promise to go to the tax office if they don't pay you could be effective.

Good luck


Becaues it isn't in the labor standards act, it's in the ENFORCEMENT DECREE of the labor standards act. I made a slight mistake. It wasn't 10 employees, it was 4 workers and less. Page 25 in the enforcement degree clearly states what applies to businesses with 4 workers and less, and article that cover annual leave do not apply.

http://www.moel.go.kr/english/download_eng.jsp?type=&file=(32)ENFORCEMENTDECREEOFTHELABORSTANDARDSACT-2011.pdf

Also, part-time employees do not count. So, even though the OP states that there are 11 workers, if many are part-time, he will get zero help from the labor ministry.
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AtmaWeapon



Joined: 30 Jun 2011

PostPosted: Wed Jun 27, 2012 6:53 am    Post subject: Reply with quote

Wildbore wrote:
big_fella1 wrote:
Wildbore wrote:
The Annual Leave provisions in the Labor Standards Act only apply to businesses with 10 or more full time employees.


Do you have a reference for this as I find no mention of it in the Labor Standards Act. Article 57 does provide for one days leave per month with pay.

Article 59 refers to what Ttommplatz said about not being entitled to vacation until you have completed the first year, but you can still take your 1 days leave per month, or accumulate it during the year.

Depending on how close you arre to the end of your contract you may have to let it slide, but then at the end of your contract seek compensation.

I have found that dodgy employers are more scared of you visiting the tax office than they are of you visiting the labor board especially if they have been taking 3.3% tax or higher. A promise to go to the tax office if they don't pay you could be effective.

Good luck


Becaues it isn't in the labor standards act, it's in the ENFORCEMENT DECREE of the labor standards act. I made a slight mistake. It wasn't 10 employees, it was 4 workers and less. Page 25 in the enforcement degree clearly states what applies to businesses with 4 workers and less, and article that cover annual leave do not apply.

http://www.moel.go.kr/english/download_eng.jsp?type=&file=(32)ENFORCEMENTDECREEOFTHELABORSTANDARDSACT-2011.pdf

Also, part-time employees do not count. So, even though the OP states that there are 11 workers, if many are part-time, he will get zero help from the labor ministry.


My mistake, 12 employees total. 10 full time, 2 part time.

Spoke with my supervisor today. Was told I *might* be able to take off days on Tuesdays or Thursdays (the days I don't have a full class schedule) if the hagwon permits and was threatened with termination if I continue to ask about the vacation days I'm legally entitled to. They also contacted the recruiter I got the job with (no idea why) and complained to her about me, claiming I had a "bad attitude" although I have done everything they've asked me to, among other things. I've decided to build up a list of the illegal/immoral things I'm aware the hagwon has done (examples: not reporting a child molester to authorities, forcing an outgoing teacher to pay 500k for a release letter, cheating another teacher out of 1/3 of his pension money) and will submit it the labor board before I quit/get fired. I know most likely nothing will come of it, but it's worth a shot.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Jun 27, 2012 10:54 am    Post subject: Reply with quote

When I worked in hagwons, not one ever, EVER gave holidays

except under very specific circumstances.

Those were as follows;

You were allowed holidays if you could arrange a substitute teacher for those

days. I worked at a large hagwon and we would have to fill in for teachers who got their holidays.

If it's a small haggie, it's pretty tough to do, but if you can arrange a sub-teacher, it may be possible.


I looked at it this way, If I lasted the year with no breaks, I was finished with the place and would take 2 months off to travel or what not.
I didn't worry about 10 days of supposed vacation. With all the new regs
though, this is not so easy to do. It means new docs and all that every time you change jobs. eeyuuww. *~*
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